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Judges and Judiciary

Feb. 2, 2023

Election lawsuits must face high bar for fee recovery, state Supreme Court says

"The decision recognizes both the importance of the Political Reform Act and that it is critical to encourage (rather than deter) private citizens to take up the mantle to vigorously enforce the Political Reform Act through our judicial process," plaintiffs attorney Betty M. Shumener said.

Every election year, California courts must decide scores of lawsuits citing the state’s Political Reform Act. A decision by the California Supreme Court this week could help ensure the state political bar continues to file them.

In a unanimous opinion issued Monday, Chief Justice Patricia Guerrero wrote defendants in these cases should face a high bar when trying to recover attorneys’ fees — even if it means “an asymmetrical standard appl...

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